Rhybuddion, cyfyngiadau a gwarchod buddion trydydd parti yn y gofrestr (CY19)
Cyngor i drawsgludwr ar sut i wneud cais am rybudd neu gyfyngiad i warchod budd trydydd parti mewn ystad (cyfarwyddyd ymarfer 19).
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Mae’r cyfarwyddyd hwn yn rhoi cyngor ar sut i wneud cais am rybudd neu gyfyngiad i warchod budd trydydd parti mewn ystad neu arwystl cofrestredig. Mae’n egluro effaith cofnodion presennol yn y gofrestr o ran buddion trydydd parti ac mae’n egluro pa geisiadau y gellir eu gwneud o ran cofnodion presennol. Mae wedi’i anelu at drawsgludwyr a dylech ddehongli cyfeiriadau atoch ‘chi’ felly. Bydd staff Cofrestrfa Tir EF yn cyfeirio ato hefyd.
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Updates to this page
Cyhoeddwyd ar 13 Hydref 2003Diweddarwyd ddiwethaf ar 23 Medi 2024 + show all updates
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In the third paragraph of section 2.3.3 we have removed the words “the person identified by the applicant as” for clarity and conciseness.
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We have updated section 3.9.1 to reflect the change made to section 7.7 of practice guide 35, which has been updated to confirm when we will consider an application for cancellation of a restriction on a freehold title in favour of a dissolved management company.
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In Section 3.1.1 we have added a paragraph to confirm that evidence of compliance with a restriction may be required even when the disposition to be registered is made pursuant to a court order and in section 3.7 we have added another bullet point to section 3.7.1 to clarify that a restriction may be removed pursuant to an order of the court directing the registrar to remove the restriction.
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A new version of form RXC has been published and sections 3.1.1. and 8 of this guide have been amended to reflect the changes to the form and to provide further comprehensive guidance as to how it should be completed.
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The guide has been amended to reflect how applications should be made using our digital systems.
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Section 3.1.5.6 has been amended to clarify the wording of the certificate required in compliance with a counter fraud restriction.
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Section 3.7.5 has been updated to explain that a sole or surviving proprietor will need to appoint one or more new trustees to join in the disposition, in order for a Form A restriction to be cancelled by way of overreaching.
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Section 3.4.5 has been amended to clarify who can and who cannot normally apply for the registration of a consent restriction such as Form N.
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Section 3.9.1 has been amended to clarify that, where the consent or certificate of a specified person is required under the terms of a restriction in the register, and where that person cannot be traced, we need to see evidence of the steps undertaken to obtain the relevant certificate.
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Section 7.5 has been amended to reflect the new wording for the standard Form E restriction which was updated by Charities Act 2022 (Commencement No.3, Consequential, Saving and Transitional Provisions) Regulations 2024.
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Sections 3.1.5.8 and 3.1.6.8 have been amended to include our practice on compliance with company anti-fraud restrictions.
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Section 3.1.5.6 has been amended to include guidance on compliance with company counter fraud restrictions. A note has been added in section 3.5.1 about the action we will take when an application is made to enter a restriction in Form LL at the same time as an application to register another disposition. We have amended section 3.8 to clarify what is required when seeking, under rule 130 of the Land Registration Rules 2003, alteration of a document containing an application for a restriction, where a mistake was made by the parties in the restriction applied for.
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Section 3.5.3 has been amended to correct some incorrect panel number references.
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Clarification has been added for altering and modifying a restriction (Sections 3.8 and 3.9). The guide now details the circumstances in which restrictions can be altered and sets out the powers of the registrar in making modifications.
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Section 3.1.5.2 has been amended to clarify that certificates or consents signed per pro are not acceptable.
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Clarification on complying with a Form LL restriction (section 3.1.5.8) – a personal representative may be an executor or an administrator at the time of vesting.
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Section 6.26 has been amended to include guidance on how applications can be made for a ‘non-standard restriction’ by the attorney named in a lasting power of attorney under the Mental Capacity Act 2005, as an attorney cannot apply for a standard Form RR restriction.
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Section 3.1.5.8 has been added giving guidance about how we proceed when we receive a deed signed by someone who is not the registered proprietor when there is a restriction in Form LL in the register.
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Section 3.1.5.7 has been added giving guidance about restrictions when we register a transfer of part.
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Section 6.17 has been amended to clarify our practice on how a vendor’s lien might be protected after the disposition has been registered.
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Section 3.9.2 has been updated as an application for cancellation may also be appropriate as well as a withdrawal of a restriction.
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Section 3.1.5 been updated to confirm that HM Land Registry will accept consents and certificates signed electronically by non-conveyancers as long as these documents are lodged by a conveyancer.
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Section 3.1.5.3 has been amended to clarify our practice on consents to reduce the number of requisitions on this point.
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A cross reference to other relevant guidance has been added to section 3.7.4.
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Section 3.1.6.7 has been amended to clarify how part B of panel 3 in form RXC must be completed by a conveyancer. Reminder added to section 3.5.1 that the words of application for a restriction must be included if applying in prescribed lease clause LR13. Section 3.5.1.1 has been added to make it clearer when restrictions must be applied for in form RX1.
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Contents headers have been added to help navigate the guide, together with some examples of standard and non-standard restrictions, plus an example of an acceptable certificate of compliance for a Form LL restriction. There is also a new sub-section at 3.4.2 entitled “Things to consider before applying for a restriction” and, by way of clarification, some sections have been revised to provide further explanations and reminders to try to avoid unnecessary requisitions and misconceived applications. Section 3.1.5.5 has been amended to remove reference to Chartered Legal Executive Conveyancing Practitioners as this title is not in use.
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Section 3.5.1 has been amended to inform customers how to make clear the priority order of applications where an application to register a restriction is made at the same time as other applications. This helps to avoid any unnecessary requisitions for consents to the other applications accompanying the restriction.
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Section 3.1.6.has been amended as a result of amendments to form RXC.
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Additional guidance has been added to section 3.7.3 on applications to cancel a restriction where the restrictioner has died.
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Section 3.1.6 has been added as a result of the introduction of new form RXC.
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An additional example of an application to update a restriction has been added to section 3.8. This is not a change in practice.
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Section 7.12 has been amended to remind readers that standard restriction Form NN is the alternative to Form L when the option of a consent is required.
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Sections 3.7.2 and 3.7.5 have been amended to include additional information about the removal of a Form LL restriction.
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A reminder about who can sign certificates of compliance has been added to section 3.1.5.5 following a number of errors made in applications received. Section 3.8 has been added to set out our existing practice on applications to update a restriction.
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Section 3.3.1.1 has been amended to include additional information about what is an acceptable adaptation for certain standard forms of restriction. Section 3.7.1 has been amended to clarify which of our forms should be used to withdraw or cancel a restriction. Section 6.21.1 has been amended to clarify when an objection notice is served.
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Section 3.1.5 has been amended to make clearer that a ‘wet ink’ signature is always necessary for a certificate required for a restriction Form LL, however the certificate is being lodged, and to set out how a certificate or consent required by a restriction should be lodged. Section 3.1.5.5 has been amended to clarify that conveyancers may charge a fee to provide a certificate to comply with a restriction in Form LL.
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Section 3.1.5 has been rewritten to provide further clarification of HM Land Registry requirements when providing a consent or certificate to comply with a restriction, particularly the use of email.
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Section 3.1.5 has been amended to clarify the meaning of facsimile signature.
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Section 3.1.5 has been amended to include information about when a facsimile signature and email consent/certificate can be used in compliance with restrictions.
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Section 6.28 has been added because we have received a number of misconceived applications for restrictions in favour of residuary beneficiaries.
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Section 6.10 has been amended to clarify that a Form II restriction cannot be used to protect a derivative interest. Sections 6.23, 6.24 and 7.38 have been amended as a result of the Care and Support (Charging) (Wales) and Land Registration Rules (Miscellaneous Amendments) Regulations 2020 coming into force on 6 April 2020. Paragraph 3 of the Regulations makes changes to the wording of rule 93(x) and Form MM in Schedule 4 to the Land Registration Rules 2003. A Form MM restriction can now be used to protect a charge arising under section 71 of the Social Services and Well-being (Wales) Act 2014, whereas previously only a non-standard form of restriction could be applied for.
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Section 2.2 has been amended to clarify that a purely contractual arrangement to pay a person a share of the proceeds of sale cannot be protected by a notice. Section 3.1.5.1 has been amended to clarify what needs to be included in a certificate required to comply with a restriction in Form LL.
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Section 3.1.5.1 has been amended to make it clearer that while all Chartered Legal Executives may verify identity, only CILEx Conveyancing Practitioners or Chartered Legal Executive Conveyancing Practitioners can provide certificates to comply with Form LL restrictions.
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Section 3.1.5 has been amended to clarify that corporations aggregate consents apply to overseas corporations aggregate.
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Section 2.6.2 has been amended to correct a minor discrepancy between practice guides 19 and 76, relating to charging orders protected by unilateral notices. Section 3.5.3 has been amended to clarify how an address is to be included in restrictions that require it.
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A new section 6.27 has been added to deal with guardians appointed pursuant to the Guardianship (Missing Persons) Act 2017.
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Section 3.1.5.1 has been amended to clarify how the certificate of compliance must be worded. Section 3.7.3 has been amended to explain the additional consents required on an application to cancel a landlord/management company restriction where a right to manage company has been appointed. This is to reflect the provisions of the Commonhold and Leasehold Reform Act 2002.
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Section 6.26 has been amended to clarify that, where a restriction in Form RR has been applied for, the restriction will not prevent registration of a subsequent sale by the deputy if the deputy’s appointment authorises this, but will otherwise protect the property.
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Section 3.3.1 has been amended to confirm practice on restrictions referring to specific sections of a deed.
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The wording of the Form D restriction in section 7.4 has been amended as a result of the Church Property Measure 2018 which came into force on 1 March 2019.
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Sections 3.1.1 and 3.1.5 have been updated to confirm that where a restriction in the register requires a consent, the consent given must be to the registration of the disposition, not simply to the disposition.
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Section 3.1.5 has been amended to clarify that a consent or certificate of compliance must be to all the transactions in the application that are caught by the restriction.
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Section 3.5.1 has been amended to confirm when a single form RX1 can be used to apply for more than one restriction and when separate form RX1s must be used.
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Following customer comments section 6.8 has been amended to explain better why we cannot accept a Form P restriction in a charge that is not being substantively registered because a restriction prevents registration.
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Sections 7.24 and 7.36 have been updated as a result of the deregulation of Welsh housing associations under The Regulation of Registered Social Landlords (Wales) Act 2018 and associated secondary legislation which comes into force on 15 August 2018.
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The guidance contained in section 6.22 has been amended to confirm the dates after which a charge under section 22 of the Health and Social Services and Social Security Adjudications Act 1983 cannot be made. Section 6.23 regarding the registration of restrictions to protect charges under section 68 of the Social Services and Well-being (Wales) Act 2014 has been amended to clarify when it might be appropriate to register a Form MM restriction relating to a charge under section 68. A new section 6.24 has been inserted setting out details of a non-standard restriction we may be able to consider in respect of a charge under section 71 of the Social Services and Well-being (Wales) Act 2014 affecting the interest of a beneficial joint tenant.
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Section 3.1.5.1 has been amended to clarify that compliance with a Form LL restriction is required on an application to cancel or withdraw it.
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Section 6.22 has been amended: changes made by the Care Act 2014 prevent local authorities in England from taking charges under the Health and Social Services and Social Security Adjudications Act 1983 on and after 1 April 2015.
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New sections 6.25, 7.43 and 7.44 have been added to the guide dealing with the restrictions in standard Form RR and SS introduced by the Land Registration (Amendment) Rules 2018 which come in to force on 6 April 2018. References in this guide to ‘business days’ have been changed to ‘working days’. Updates have also been made to a number of sections following the amendment to rule 203 by the Amendment Rules. The amendment deals with the retention and return to documents by the registrar. Section 2.5 removed leading to renumbering of all sections from 2.5 to 2.8.
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Section 3.1.2 has been amended to clarify that the order of applications must be made clear and it is the customer's responsibility to specify which has priority. Section 3.8.1 has been amended to refer to practice guide 19A for when it might be appropriate to cancel a restriction. Section 6.6 has been amended to clarify the use of restrictions for rights of pre-emption.
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Sections 3.1.5.1 and 6.21 have been amended to confirm how a certificate to comply with a Form LL restriction should be given.
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Sections 3.3.1.1, 7.12, 7.13, 7.15, 7.16, 7.19, 7.39, 7.40 and 7.41 have been amended to confirm that the requirement to specific the clause, paragraph or other particulars in a standard form restriction applies to documents and not just to deeds.
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Sections 7.23, 7.24, 7.25 and 7.26 have been amended as the restrictions in standard form W, X, Y and KK have been amended by The Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017 which came into force on 6 April 2017.
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Section 6.15 has been amended to clarify the nature and wording of a Form Q restriction. Section 6.21 has been updated to include guidance on requests for the entry of a restriction to prevent possible fraud where the registered proprietor is a company.
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Section 3.5.1 has been amended to make it clear that any application for a restriction contained in a transfer, assent or charge must state who is applying for the restriction. It is not sufficient to enter just the wording of the restriction in the deed.
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Video about How to avoid Land Registry requisitions: Restrictions added. Sections 3.3.1.1, 7.12, 7.13, 7.15, 7.16, 7.19, 7.39, 7.40 and 7.41 have been amended to clarify that, where the restriction being applied for is in either Form L, M, O, P, S, NN, OO or PP, we will treat it as a non-standard restriction if it requires compliance with all of the provisions in a deed (rather than certain specified clauses).
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Section 2.8.3 has been amended to make it clearer that if the benefit of an interest protected by a unilateral notice has passed to someone else, for example by way of transfer, the beneficiary of the notice will need to be updated using form UN3 before an application can be made to remove the notice.
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Section 3.7.2 has been amended to refer to use form ST5 when cancelling a Form A restriction. A minor amendment has been made to section 6.1 to refer to the County Court Money Claims Centre.
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Section 6.23 has been added and 7.38 has been amended as a result of the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 coming into force on 6 April 2016.
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Section 2.6.4 has been amended to clarify that you should send copy documents only with applications for registration.
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Link to the advice we offer added.
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Section 2.7.2 has been amended to clarify how panel 12 of form UN1 should be completed.
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Added translation